John Gaunt and Partners, National Minimum Wage latest

By | April 16, 2013

Pub News and Advice,

Latest National Minimum Wage

John Gaunt and Partners


Scotland – 5 day ban for failing test purchase overturned

Posted: 15 Apr 2013 05:00 PM PDT

In November 2011, we reported on Glasgow Sheriff Court’s decision to uphold a 5 day ban on alcohol sales imposed by Glasgow Licensing Board for a Lidl store which failed a test purchase despite the store’s significant due diligence systems, passing of a subsequent test purchase and sacking of the manager who made the sale.

Our previous article can be found here in our article: “Scotland – Under Age Test Purchasing: Due Diligence not enough?

The subsequent appeal to the Court of Session has now been determined and has resulted in the ban being overturned, with the appeal judges stating “it is difficult to identify any cogent reason for which the respondents could properly have come to the view that grounds existed for a review of the appellants’ Premises Licence”.

Further, they went on to say that “we are therefore left with having to draw the virtually inevitable inference that the objective of the respondents in suspending the licence for five days was to impose a financial penalty upon the premises licence holder on the sole basis that one employee had departed on a single instance from the employers’ procedures and instructions.”

This is a significant decision for operators but also reinforces the need for licence holders to ensure that they have appropriate and rigorous due diligence systems in place.

The full judgment can be found here http://www.scotcourts.gov.uk/opinions/2013CSIH25.html

National Minimum Wage (NMW) increases announced

Posted: 15 Apr 2013 05:00 PM PDT

The Government has announced increases to the NMW rates which will apply from October 2013.

From 1 October 2013:

  • the adult rate (21 year olds and over) will increase by 12p to £6.31 an hour
  • the rate for 18-20 year olds will increase by 5p to £5.03 an hour
  • the rate for 16-17 year olds will increase by 4p to £3.72 an hour
  • the apprenticeship rate will increase by 3p to £2.68 an hour
  • the accommodation offset increases from the current £4.82 to £4.91.

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